Man gets probation for spying on ex-wife

Thursday

Oct 4, 2012 at 12:01 AMOct 4, 2012 at 3:02 AM

A Pekin man was sentenced Wednesday to federal probation for using a spyware program to keep tabs on his now ex-wife.

David P. Cressy, 49, formerly of Elmwood, apologized to his family, to Senior U.S. District Judge Joe McDade and to his ex-wife, Connie. In a trembling voice, he said he was "embarrassed" by his actions last spring, calling them "underhanded and inappropriate and not something that I am proud of." The spyware allowed Cressy to remotely listen and watch his ex-wife as she used her cellphone.

Andy Kravetz

A Pekin man was sentenced Wednesday to federal probation for using a spyware program to keep tabs on his now ex-wife.

David P. Cressy, 49, formerly of Elmwood, apologized to his family, to Senior U.S. District Judge Joe McDade and to his ex-wife, Connie. In a trembling voice, he said he was "embarrassed" by his actions last spring, calling them "underhanded and inappropriate and not something that I am proud of." The spyware allowed Cressy to remotely listen and watch his ex-wife as she used her cellphone.

Cressy, a 26-year employee of Caterpillar Inc., pleaded with McDade not to send him to prison - he faced between four and 10 months - saying anything more than 22 days would result in his termination from the global company. McDade agreed with Cressy's attorney Jeff Flanagan that Cressy shouldn't go to prison but said something was needed to "deter similarly situated people from doing what Mr. Cressy did."

McDade said the first four months of Cressy's two years of probation would be a form of work release, spending weekends at a facility like a halfway house, and the rest of the time under home confinement. He must wear an electronic monitoring bracelet.

That likely will begin in December. Until then, Cressy will be under home confinement. The judge also ordered a $2,000 fine.

In June, Cressy pleaded guilty to one count of intercepting electronic and oral communications for placing the SpyBubble program, which allows a user to intercept text and voice messages as well as record audio and visual conversations through the smartphone's microphone and camera, on his wife's phone.

The program, which can be obtained legally, allows a person to completely control a phone without the user's knowledge. In all, hundreds of text messages and more than 400 phone calls were recorded or monitored by Cressy within only a few weeks.

Assistant U.S. Attorney Thomas Keith argued for a four-month prison term, saying Cressy violated the privacy of several people who were near the phone or who were talking or texting with his ex-wife.

The attorney also pointed out to McDade that some of the recordings came during a court proceeding. Additionally, the prosecutor said, another marriage was ruined when Cressy played a recording to a woman whose husband he believed was having an affair with his wife at the time.

Flanagan said that while his client's actions were wrong, Cressy learned from what he did and was a "kind and generous" person who did something completely out of his character.

Cressy's former wife found out about the program on March 4 when he played recordings for her and told her he put the program on her phone. That prompted her to get an order of protection and kick him out of their home.

Andy Kravetz can be reached at 686-3283 or akravetz@pjstar.com. Follow him on Twitter @andykravetz.